May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?

Facts: The owner of a property with access only by an easement over a neighboring property uses the easement to transport crops. The owner applies to a local agency for a conditional use permit (CUP) to cultivate cannabis on their property and transport the crop through the easement. The neighbor makes a demand on the owner to stop using the easement to transport cannabis across their property, which the owner rejects.

Claim: The neighbor claims the easement may not be used for transporting cannabis since cannabis is illegal at the federal level.

Counterclaim: The owner claims the original scope of the easement covers the transportation of crops which includes cannabis since cannabis is legal in the state of California.

Holding: A California appeals court holds the owner may not use the easement for cannabis transportation since an easement for an illegal purpose is invalid and cannabis is illegal under federal law preempting contrary state law. [JCCrandall, LLC v. County of Santa Barbara (2025) 107 CA5th 1135]

JCCrandall, LLC v. County of Santa Barbara

Cannabis industry impacts residential, commercial real estate

Legal Aspects of Real Estate Chapter 15: Interference and termination of easements

Extinguishing an Easement